I am writing to request an exemption from 14 CFR § 121.311(b) to the extent required for

( **Trevor Drake** ) to be able to use an FAA Approved Child Restraint Sy stem even though ( **he** ) exceeds the weight limits for the CRS. In addition, if my petition is granted, I request that an y air carrier or commercial operator operating under part 121 while ( **Trevor**) is aboard its aircraft is granted an exemption from 14 CFR § 121.311(b)(2)(iii)(B) to the extent necessary to allow ( **Trevor** ) to exceed the specified weight limit for an FAA

- approved child restraint sy stem during use of that child restraint
sy stem aboard an aircraft.

I believe the pertinent section from 14 CFR part 121 from which we seek relief is Section 121.311 Seats, safet y belts, and shoulder harnesses.

My (**son** ) is __ 10 ___ y ear’s old, weighs __ 75 ___ pounds, and is _ 58

_____ inches tall. My **son** ’s ph ys ical condition is as follows ( **spastic quadriplegic cerebral palsy; refractory epilepsy requiring total care. He is non** 

**- ambulatory and non**  **communicative** ). As a result of ( **his** ) phy sical condition, ( **he** ) needs the support and securit y provided b y an FAA Approved Child Restraint, but because of ( **his** ) weight is incapable of compliance with the regulation. **I am also submitting the following contact information:**  **(**

**Jaclyn Rick ard** 

**) ,**  **307 East Clark Street, Earlington, KY 42410 )**  **and ( blondchick8012@yahoo.com**  **)**

I understand that the regulation is written to create a high level of safet y for each individual passenger b y ensuring that they are securely restrained in their seats during all phases of flight. The regulation also ensures that an individual does not cause harm to other passengers on the airplane b y being thrown into them during turbulent or
emergency

conditions.

I propose that ( **Trevor Drake** ) be allowed to occupy an FAA Appr oved Child Restraint (CARES, manufactured by AmSafe, Inc.), even though ( **he** ) exceeds the manufacturer’s weight limits. This ensures a high level of safet y for ( **Trevor** ) and a high level of safet y for the other passengers and crew on the airplane. In fact, i n ( **Trevor**)’s case, safet y is greatl y enhanced b y the extra support and security that the FAA Approved Restraint Sy stem will provide during the entire flight.

Enhancing safety

for ( **Trevor**) is in the public interest. In addition, the public interest is also served b y the fact that the use of this FAA Approved Child Restraint Sy stem allows ( **him** ) to use commercial air transportation. Without the support and security of the FAA Approved Child Restraint Sy stem, ( **he** ) would be unable to fly commercially

.

I also bel ieve that, with certain limitations established by the FAA in a grant to this petition, there can be an equivalent level of safet y to that provided by the affected regulation. The CARES restraint has been certified by the manufacturer for use by children 2 2

- 44 pounds. However, the components of the CARES restraint are the same as those used in restraints for adults on aircraft and would maintain their integrity if used by someone who weighed several hundred pounds.I believe that the limit of 44 pounds was established because, with the additional weight

of the child attached to the seatback, the seatback would move forward more quickl y in an accident scenario and this might cause a higher HI C load for the person seated in the seat behind the passenger using the CARES restraint (because the seatback moving forward more quickl y would mean that it would not be there to attenuate the energy from the impact of the person seated behind the person using the CARES restraint).

In order to achieve an equivalent level of safet y as that provided by the affected regulation, I propose that the FAA establish a limitation in a grant to this petition that ( **Trevor**) onl y sits in a passenger seat with no passenger seated behind her. Therefore, no unsafe condition would exist for a passenger seated behind ( **Trevor** ) while ( **he** ) is using the CARES restraint. Ialso propose that all operations under this exemption be conducted with at least one of ( Trevor **’s** ) parents or a caregiver accompanying him or her. In addition, Ipropose that ( **T revor**  **’s** ) parent or caregiver must carry a copy of this exemption.

I also request that the processing of this petition not be delay ed for publication and comment in the Federal Register. We want to travel (**June 1**

**- 7, 2013**  ). If you take the time to put this i n the Federal Register, it will delay the process and we may not be able to travel in this timeframe.

If it is necessary

to put a summary

in the Federal Register, I submit the following:

This is a request for an exemption from FAR 121.311 (b) to the extent required for a child to use an FAA Approved Child Restraint System on an aircraft, even though the child exceeds the weight limits for the CRS. Due to phy sical challenges, without the support and securit y of this FAA Approved Child Restraint Sy stem, this child would be unable to fly . We request that this child be allowed to occupy an FAA Approved Child Restraint (CARES, manufactured b y AmSafe, Inc.), even though ( **he** ) exceeds the manufacturer’s weight limits of 44 pounds. In this case, the safet y of this ch ild is greatl y enhanced b y the extra support and security that the FAA Approved Restraint Sy stem will provide for ( **him** ) during the flight.